LEO Question

[Huntingfool]

just call the sheriffs office and ask somebody - they will tell you the laws and my guess is that if you request they notify if they need to enter your property

[UltraMax]

Open Fields Doctrine.

Was it near your house? Or your regularly maintained (mowed, landscapes, etc) portion of your property, ie your “curtilage.” The open fields doctrine is how Game Wardens get around the 4th Amendment and get into property. Until Hester v US is overturned, the popo can enter into “open fields” without a warrant.

Here is the holding: "The special protection accorded by the Fourth Amendment to the people in their 'persons, houses, papers and effects', is not extended to the open fields."

[double bogey]

https://en.wikipedia.org/wiki/Open-fields_doctrine

This is wiki, and explains the open fields doctrine.

Lock your gate. Then they will have to walk down there, and will most likely stop going in.

[doghouse]

LEO is welcome on my place anytime. Game Warden, Deputies, etc. JMO. Especially if it will help solve a crime.

[GA Bowhunter]

LEO is welcome on my place anytime. Game Warden, Deputies, etc. JMO. Especially if it will help solve a crime.

This.

They can park at my place 24/7.

[dustoffer]

LEO is welcome on my place anytime. Game Warden, Deputies, etc. JMO. Especially if it will help solve a crime.

Yep---when I was on a place in La Salle county we gave the GW a key and always invited him in for a cup of coffee (or a beer).

Was snoozing next to the fire one morning after the hunt and a Border Patrol truck drove up and had a few questions---turns out someone across the high fence saw me park on the road and climb the fence into our lease property and then when I left they said I picked up an illegal (that's not what we called them) and drove them towards Los Angeles. Said the illegal had on camo coveralls---so I showed the agent my camo coveralls and he got a laugh out of it and said "Sorry to disturb your nap"

[RiverRat1]

The gate stays locked 99% of the time. My son had drove down to hook onto a trailer and left it open to pull out.

It's all fine and dandy with them doing such UNTIL they find an old park sign or something stupid on your property and you get busted. In other words you have zero to gain by allowing them access. Sure in a nice world it would be great to play nice with everyone. Go ahead and see how long it lasts.

In other words, keep the gate locked.

[glen]

Has little to do with the gate. It’s pasture land they are legal. Can’t search your home or outbuildings.

[Huntingfool]

It's all fine and dandy with them doing such UNTIL they find an old park sign or something stupid on your property and you get busted. In other words you have zero to gain by allowing them access. Sure in a nice world it would be great to play nice with everyone. Go ahead and see how long it lasts.

In other words, keep the gate locked.

Ridiculous post right here - an "old park sign?" - give me a break

[Loftin]

i generally try to stay out of these post but... i will join in being LEO myself...i will answer in short on a couple post and then be out.

your first post you said you just dont want the cops going wherever whenever they want, I would be willing to bet if they did not have a call for service they would not drive down your driveway to speak to your son, as for them being back "watching" a house at that point you can always call the department and speak to a supervisor about it to get further clarification as to what exactly they were doing.

As for a open privacy fence in a neighborhood, yes if they are dispatched to a call at that residence, alarm, disturbance, welfare concern, etc, yes law enforcement may enter that yard from the open fence. if patrolling a neighborhood at 2 or 3 am and a front door to a home is open, yes i will announce myself as police and enter the home, and i can articulate the reason why time,circumstance, general reason for entering, not just cause i want to. if a random civilian entered a home with the door open at anytime without permission then that is against the law Under Texas Penal Code Section 30.05, criminal trespass of habitation. Law enforcement still has to follow by Texas law but part of it they do not fall under because if they did they could not do the job.

if someone was running from the police and entered your private property would you like the police to stop chasing them and contact you for permission to enter first? not meaning to be smart, just putting it into perspective of what the issue was with them enter the property during a call for service or a investigation?

biggest advice I give anyone who asks me "law questions" is look it up, do your research for yourself and READ ALL OF THE LAW not just skim through it or read the first sentence, self educate yourself, don't just take my word, or a cop you see at the donut shop, or your buddies brothers girlfriends sister who knows a guy who dates a cop. knowledge is key and I advise everyone i meet to be as knowledgeable as possible on all the laws they can, law books can be bought by anyone and read.

rant over lol

[denowt]

My opinion, driving onto the place and asking you or your son if you heard any gunshots when he is responding to a gunshot call is perfectly OK.
If I ever called in for a burglary or anything, I'd expect them to talk to my neighbors as well.

But coming home to find him camped out in my back field, conducting surveillance on another property is crossing the line in my opinion.

[one66stang]

i generally try to stay out of these post but... i will join in being LEO myself...i will answer in short on a couple post and then be out.

your first post you said you just dont want the cops going wherever whenever they want, I would be willing to bet if they did not have a call for service they would not drive down your driveway to speak to your son, as for them being back "watching" a house at that point you can always call the department and speak to a supervisor about it to get further clarification as to what exactly they were doing.

As for a open privacy fence in a neighborhood, yes if they are dispatched to a call at that residence, alarm, disturbance, welfare concern, etc, yes law enforcement may enter that yard from the open fence. if patrolling a neighborhood at 2 or 3 am and a front door to a home is open, yes i will announce myself as police and enter the home, and i can articulate the reason why time,circumstance, general reason for entering, not just cause i want to. if a random civilian entered a home with the door open at anytime without permission then that is against the law Under Texas Penal Code Section 30.05, criminal trespass of habitation. Law enforcement still has to follow by Texas law but part of it they do not fall under because if they did they could not do the job.

if someone was running from the police and entered your private property would you like the police to stop chasing them and contact you for permission to enter first? not meaning to be smart, just putting it into perspective of what the issue was with them enter the property during a call for service or a investigation?

biggest advice I give anyone who asks me "law questions" is look it up, do your research for yourself and READ ALL OF THE LAW not just skim through it or read the first sentence, self educate yourself, don't just take my word, or a cop you see at the donut shop, or your buddies brothers girlfriends sister who knows a guy who dates a cop. knowledge is key and I advise everyone i meet to be as knowledgeable as possible on all the laws they can, law books can be bought by anyone and read.

rant over lol

Thank you for your professional response.


Sent from my iPhone using Tapatalk

[Terry]

Shut the gate

[MadHatter]

It's all fine and dandy with them doing such UNTIL they find an old park sign or something stupid on your property and you get busted. In other words you have zero to gain by allowing them access. Sure in a nice world it would be great to play nice with everyone. Go ahead and see how long it lasts.

In other words, keep the gate locked.

This right here ^^^.

[Bruiser]

LEO is welcome on my place anytime. Game Warden, Deputies, etc. JMO. Especially if it will help solve a crime.

no thanks